# C_2007231EN.01001401.xml

| 3.10.2007 | EN | Official Journal of the European Union | C 231/14 |
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3.10.2007

EN

Official Journal of the European Union

C 231/14

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Prior notification of a concentration

(Case COMP/M.4738 — OEP/MSP-Stiftung/DVG/Dailycer Group)

(Text with EEA relevance)

(2007/C 231/12)

| 1. | On 26 September 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1), by which the undertakings One Equity Partners II (‘OEP’, USA) — indirectly controlled by J.P Morgan Chase & Co (USA) — and MSP-Stiftung (‘MSP’, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control over the undertakings De-Vau-Ge Gesundkostwerk Gesellschaft mit beschrankter Haftung (‘DVG’, Germany), Milk-Snack Produktions GmbH (‘Milk-Snack’, Germany), Delicia B.V. (The Netherlands), Dailycer S.A.S. (France), Dailycer Ltd (UK) and Dailycer B.V. (The Netherlands) (together the ‘Dailycer Group’), by way of purchase of shares. |
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1.

On 26 September 2007, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1), by which the undertakings One Equity Partners II (‘OEP’, USA) — indirectly controlled by J.P Morgan Chase & Co (USA) — and MSP-Stiftung (‘MSP’, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control over the undertakings De-Vau-Ge Gesundkostwerk Gesellschaft mit beschrankter Haftung (‘DVG’, Germany), Milk-Snack Produktions GmbH (‘Milk-Snack’, Germany), Delicia B.V. (The Netherlands), Dailycer S.A.S. (France), Dailycer Ltd (UK) and Dailycer B.V. (The Netherlands) (together the ‘Dailycer Group’), by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:






  — | for OEP: private equity fund, |
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2.

The business activities of the undertakings concerned are:

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for OEP: private equity fund,

| — | for MSP: foundation under German law, holding certain assets for the benefit of members of the Seventh-Day Adventists Church, |
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for MSP: foundation under German law, holding certain assets for the benefit of members of the Seventh-Day Adventists Church,

| — | for DVG: manufacturing, distribution and marketing of various food products, including cereal products, bars, soya drinks etc., |
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for DVG: manufacturing, distribution and marketing of various food products, including cereal products, bars, soya drinks etc.,

| — | for Dailycer Group: manufacturing and distribution of cereal products. |
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for Dailycer Group: manufacturing and distribution of cereal products.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4738 — OEP/MSP-Stiftung/DVG/Dailycer Group to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4738 — OEP/MSP-Stiftung/DVG/Dailycer Group to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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(1)  OJ L 24, 29.1.2004, p. 1.

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